LAWS(BOM)-1999-7-171

SYDNEY @ RAJESH Vs. EDITH @ REENA

Decided On July 15, 1999
Sydney @ Rajesh Appellant
V/S
Edith @ Reena Respondents

JUDGEMENT

(1.) THIS is for confirming the decree passed by the learned Judge of the Family Court, Nagpur dated 7.1.1999, under Section 17 of the Indian Divorce Act, 1869. The decree for dissolution of marriage came to be passed in favour of the petitioner on the ground that the respondent was living in adultery. The said decree is passed under Section 10 of the Indian Divorce Act.

(2.) THERE is no opposition on behalf of the respondent. In the Court below, the respondent filed a written statement but led no evidence. On behalf of the petitioner, the petitioner entered the witness box and also filed affidavits of two other witnesses. The petitioner was not cross -examined or the other two witnesses were also not cross -examined. On the basis of the said evidence, the said decree came to be passed.

(3.) IN view of this, the decree passed by the learned Judge of the Family Court, Nagpur, dated 7.1.1999 is confirmed.